Daily Republican., 1887-05-25
NEARING THE END.

Yro o',s'imopy In tho Cisrk.Ohurch-
man Gsse All in-summtae Up for
| tne Pisint.h.
soop % court reccnvened yester-
,nn .ne,noop, mr. Bradford resumed
L. h1ssrsnment la opposition to admit
1ns the evidence Of Mr. Gleaver Ia ref
L. orsrco 10 tb,re being claime or iieos
,,oinst the Clark farm. Ho was fol
| lrged by Mr.. Biggins, who spoke for
| "cya ma 10 favor Of admitting the
testimony, and when he closed the
| '4r,,, ,jurticn decided that while the
aioount OF mortgage might be put In
eyiderce, " could only be used to chow
|tbe price the property brought at sher'
if1's ssle. but could have no effect In dc.
| .tu,ra s TITO Jury on auy question ot
damages
| Mr i1.spins said ba would put the
Iieccrd Of the mortgage and proce.dings
| n 81 Fa In evidence To show that unless
slhc farm is worth more than that
| amount, ,he plaintiff is not eutitled 10
recover any damages.
The record OF the mortgages was tnen
ff.red In evidence by Mr.. EigRins,
ard the examination OF witnesses ic-
sumed. 49,,
Mark n. Cleaver WAS recalled, aga
,lnt,d That he assisted In negotiating
.he MORTGAGE on the farm, III d ADVISED
Nv Gutbria not to buy the place, as he
1 did net think 1t was worth $40, ,0CO 10
aim, but ne oid not rot this up ns the
value Of the farm, CT what 1t might be
gnrth to ANNE one else
David Il. Lyman was recnlled, and
stated that le did not think the farm
was worth more than SIC. o00 or Sl2, QUO
L In Ap-il, 1885. The reason he placed
soe Va ue 90 low was because he knew
somethjnR about the trouble and ex-
., nse or keeping o place II. 9 that In
proper order.
MIR, Higgins announosd that Ee would
rest with thie witness, and Mr. Nislds
called An,hony Reybo.d IN kebuttal,
who upon being shown q paper CON-
tainina come writing, ideutiaed the
,ianature az that OF Thomas Clyde.
Mr., Nields th en- read tho paper, which
srovei TO he lstser from Mr.. Clyde
ackno w.et cling the receipt OF Philip
Clark's oh,ck for 5000, November 20,
1854, for ,ix morths' interest on The
bond and mortgage on the Star ten farm.
>his WAS followed by other letters Of
Nv t&tub tsuuEi win o@AS0i'oA phuShoi
showing that Mr.. Clark had paid the
inteIest free 1881 10 1881, all OF witch
were offered in evidence.
William KINNEY, the engineer who
made "a lot oT tho ianu, w"h recalled,
and teelisad that 1t would not have
been possible for Mr.. Church man to
have stood s5 his house and seen tho
b.esch IN The bank st Poieoat Hill, as
la tsptltird he did.
Henry Prodham was recalled, and
testified that when Mr.. Churchman had
tGS conVofsAtion with him he advised
aim 10 move from the CLARK farm, as
he die oot think be could DO any good
there Ne also said that he was de-
.erlnined that Clark should never jolt
nis bar y, AID that the cut would never
be clos ed.
Ga cfase-exHmiuation he said that
the conversation referred 20 took place
In the fnil at the year, but he could not
give the date.
InUlnas -. Lyman, upon being re-
called testified that he had seen Hanna,
the witness who testifed that lie wen;
TO the Clark place to gun, over there 3
number Of times, bu. never cav him
hsvo IL gun. Tha only thing he ever
saw him do was to get rGilD ard posts,
which he took of down the creek
This WAS the last witness called, and
Mr. Bradford commenced his opening
areTment 10 tho jury for the plaintiffs
ie lmrnenced speaking az 4 so o'clock
aud had D0t concluded when court took
= recess at 6 O'clock until ~ 0o'c!ock this
moIn!LS.